Immigration Solicitors frequently assist applicants whose residence cards have been revoked or are at risk of revocation due to findings of marriage of convenience by the Department of Justice. Such cases arise when authorities suspect that a marriage was entered into solely for immigration benefits.

Increasing Rejections Due to Marriage of Convenience Findings

In recent years, there has been a growing trend of refusals based on marriage of convenience findings, even when the marriage appears genuine. Many applicants struggle to prove that their marriage is legitimate and that their spouse is exercising EU Treaty Rights under the relevant directives.

At Immigration Solicitors, we have successfully challenged such refusals through Judicial Review proceedings before the High Court, where the marriage was clearly genuine within the meaning of EU regulations.

Consequences of a Marriage of Convenience Finding

If the Minister for Justice determines that a marriage is one of convenience under Regulation 28 of the European Communities (Free Movement of Persons) Regulations 2015, the following consequences may apply:

• The application for a permanent residence card will be refused.
• The residence card may be revoked if already issued.
• The marriage may be deemed void ab initio, meaning it is considered legally invalid from the outset.
• The applicant loses legal residence status, resulting in potential deportation proceedings.
• If citizenship was granted based on the marriage, it may be revoked.

Proving a Genuine Relationship

It is crucial for applicants to present strong evidence proving the legitimacy of their relationship. If the Department of Justice refuses an application or revokes a residence card, applicants may request a review through the EU Treaty Rights Division.

At Immigration Solicitors, we believe that applicants should not face excessive hurdles in proving their marriage’s authenticity. However, a well-prepared application with comprehensive supporting evidence strengthens the chances of a successful outcome.

Legal Challenges Against Marriage of Convenience Decisions

Requesting a Review

If a residence card is revoked or a permanent residence card application is refused, the applicant can submit a review request under Regulation 25.

• The review must be submitted within 15 working days using Form EUTR4.
• The submission should rebut all allegations made by the decision-maker.
• Detailed supporting evidence should be included to demonstrate the genuineness of the marriage.

Judicial Review for Marriage of Convenience Findings

If a review is unsuccessful, applicants can challenge the refusal through Judicial Review in the High Court.

Key High Court Cases on Marriage of Convenience

• Muhammad Asif v. The Minister for Justice (High Court, August 2019)

  The court ruled that marriage of convenience findings have legal significance. The applicant’s Judicial Review was rejected, affirming that rights acquired fraudulently are not protected under EU Treaty Rights.

• N.K and A.R v. Minister for Justice (2020.195.JR)

  The Minister refused the applicant’s permanent residence card, citing a marriage of convenience. The High Court quashed the decision, ruling that the Minister failed to verify the employer’s letter confirming the applicant’s spouse’s remote work in Ireland.

  The court held that a basic inquiry should have been conducted to assess the letter’s authenticity.

This ruling is a significant precedent in challenging refusals based on unverified claims by the Department of Justice.

Common Reasons for Marriage of Convenience Refusals

The Department of Justice examines various factors when assessing marriage of convenience cases. Common reasons for refusals include:

• Flight records and travel history of the EU citizen
• Employment status and tax records of the EU citizen
• Lack of sufficient documentation supporting the relationship
• Inconsistencies in income details and financial records
• Information obtained from the EU citizen’s home country authorities
• Claims that documents were forged or fraudulent
• Investigations by An Garda Síochána or the Registrar of Marriages

Role of An Garda Síochána and Marriage Registrars

An Garda Síochána Investigations

Operation Vantage, launched in 2015, investigates suspected fraudulent marriages. Authorities may conduct residential searches and interviews to determine the legitimacy of a marriage.

Registrar of Marriages Powers

Under the Civil Registration (Amendment) Act 2014, registrars can object to a marriage if they suspect it is a marriage of convenience. Marriage notifications may be cancelled, abandoned, or withdrawn if fraud is suspected.

Where a registrar wrongfully prevents a marriage, the decision may be challenged through Judicial Review in the High Court.

What to Do If Your Application Is Refused

If your residence card is revoked or your application is refused due to a marriage of convenience finding, immediate action is required:

1. Seek Legal Advice – Contact Immigration Solicitors for expert guidance.
2. Submit a Review Request – Prepare a detailed Form EUTR4 submission within 15 working days.
3. Gather Strong Evidence – Provide additional proof of cohabitation, financial dependency, and relationship history.
4. Challenge the Decision in Court – If necessary, file a Judicial Review application before the High Court.

How Immigration Solicitors Can Help

At ImmigrationSolicitors, we specialise in challenging marriage of convenience refusals. Our experienced legal team can:

✔️ Assist in preparing a strong application to prevent refusals.
✔️ Represent you in review applications before the Department of Justice.
✔️ Challenge refusals through Judicial Review in the High Court.
✔️ Provide legal representation in An Garda Síochána or Marriage Registrar investigations.

If you are facing issues with your residence card due to a marriage of convenience finding, contact Immigration Solicitors today for expert legal assistance.